I doubt the exact replica stuff will stand, as technically it was only achievable via advanced prompt engineering (hacking), not simply asking for a replica. So their 2 other arguments boils down to scraping a news database = infringement and LLM output = derivative works.
I do concede that the book does contain a distillation of material that is also available from other sources, but it also contained a lot of personal experience. That aspect does seem to be lost in this new representation.
I am not saying that letting AI models read the material is wrong, but the hubris in the way models answer questions is annoying.